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Subject: homeowners pretending to be BOD
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Author Messages
DarcyC
(Florida)

Posts:30


05/27/2006 6:52 PM  
I am still having a problem with the 4 homeowners who hijacked a meeting,held an election then elected themselves. They have sent out notices stuck on the mailboxes of residents claiming they are the new board and setting up a board meeting with signs posted at the entrance. They have also sent some slanderous and false letters that have become personal. Even though most of the residents have ignored them some of the new folks are confused calling asking questions. The real board has sent out an official
notice since, but they will not back down. They are threatening the HOA with law suits and this always scares people. These are retired Doctors and professional people doing this. They have become a laughing stock to much of the neighborhood but it still requires the board to work extra answering phone,emails etc...
They have reserved the Library where we usually hold all official meetings for a so called board meeting. As far as I know the Library required me to fill out paper
work whenever we reserve it for our HOA meetings. Should I inform the library that it is not an official meeting and not to let them sign in as such.They can meet of course but not as the official HOA since Im the one that has signed the paperwork and is responsible for the room. Should I take legal steps to put a stop to this?
EdR
(Texas)

Posts:170


06/28/2006 9:28 AM  
What is in your bylaws and CCRs about your board structure? If a board already existed and your rules/laws state that they have to be recalled by a 2/3 or whatever vote, then did they recall first? If there was no board and they are starting one from scratch, then they would have had to have an election and the votes to show they got the majority of the votes. If you have a management company, they should have overseen the election with unopened secret written ballots brought to an election meeting (if the bylaws required that). If there are no rules about all of this, then I don't see how they can start a new board without coming up with new rules. Are there other directors helping you with this? How many? Do you have a five-member board? Where are the incorporation papers? Who has the bank accounts, etc.? Unfortunately, in all of the cases I've seen where a group of members overthrow a board, they are upset over deed restrictions BEING enforced, more so than NOT BEING enforced. The reason neighborhoods go downhill is that they are not maintained, and to expect to not help with that is ridiculous. However, I will admit that since the takeover of our board by those not wanting to enforce deed restrictions, I've gotten to the point where I don't care about the assn. anymore--I just hope I can retire and sell my house at a decent amount before it's part of the slums--people are building structures, parking in the streets, putting signs in their yards, leaving trash out for days before trash-pick-up. What they've resisted, exists!
EdR
BradP
(Kansas)

Posts:2640


06/28/2006 9:31 AM  
Darcy:

I would consult legal advice immediately on this one before it gets out of hand.
RogerB
(Colorado)

Posts:5067


06/28/2006 12:45 PM  
Darcy, does your Board have control of the finances? The HOA records? Does this group have any real proof of being Board members? If not, your Board should send out a notice to all homeowners advising who the Board members are and that this group perforting to be Board members has no official standing. That notice should go to all members including this group. I would advise the library that their scheduled meeting is not a meeting of your HOA and not to advertise it as such. However, they do have the right to ask the library for meeting space and meet. Just make sure they and the other members of the HOA are notified on the details which disqualifies them from being Board members.
DarcyC
(Florida)

Posts:30


06/29/2006 9:26 AM  
Roger, thank you for your response.Yes, we never turned any of the records over to them. We have finally had a resolution to the issue. On the advice of our attorney we simply did a recall stating on the petition that to the extent that we recognized them as the new board, we are now recalling you according to our by-laws and state statutes. They really had no grounds for election dispute if they wanted to litigate since they were already recalled by a large majority which in our case 19 votes were needed and we got well over that number. Since the current board still retained all the records they had no real power anyway. There attempt to overthrow the legitimate board actually backfired ruining any chance for them to be elected in the future by proving that they are willing to circumvent the rules and the will of the homeowners. Thanks to the support of the other board members and good neighbors we have become aware of how important it is to be involved in the association and now have more homeowners willing to take positions and share in the responsibility of running it.
BradP
(Kansas)

Posts:2640


06/29/2006 10:25 AM  
Darcy:

Great job! I love it when a plan backfires on those who try to deceive. That does bring up an interesting question, I don't know how much money these people cost the HOA, but as a homeowner I would be pretty fired up if my dues had to be spent on some not so bright people. Does the HOA have any recourse to recoup that money, if so would it be a wise idea to do so?
RogerB
(Colorado)

Posts:5067


06/29/2006 10:36 AM  
Brad you can not recoup costs and it would not be wise to try. It would be better to try to understand what caused the uprising, correct any problems learned, and move on. It is best to mend fences and not discriminate against those members in any manner in the future.
JulieS
(Georgia)

Posts:412


06/29/2006 10:39 AM  
Yes...congratulations! I wish our problem could have been solved as simply as your was. Our mess cost the HOA well over $3,000 and I sure did advertise that in the newsletters that went out the first half of the year and in the annual meeting presentation. I let them know that the HOA had a net loss of over $6k last year, over $3,000 of this due to the special meeting that was called.

I'm a firm believer in "what comes around goes around" and you get what you give. Unfortunately, we were unable to do anything about the money that was spent but most of them have moved from the neighborhood.
BradP
(Kansas)

Posts:2640


06/29/2006 10:43 AM  
Roger:

Thanks! I hope I never have to deal with that, we have to get people interested in helping first!
DarcyC
(Florida)

Posts:30


06/29/2006 11:17 AM  
Hi there, We are very fortunate to have found an attorney who is very ethical and he gave us some very good guidance. In this case three of us had a consultation with him for at least 90 min or more and he has never billed us. Having gone through a similar situation himself in his association and utilizing the same strategy he advised us accordling. Although it did cause a lot stress and anxiety seeing the end result was worth it. We have had nothing but personal threats since the day we moved in to this neighborhood and stood up to the tyrants running the association, we managed to get them out and they will never give up trying to regain power by any means possible. Now that we are on to their tricks we will be more careful in the future.
LisaS
(Illinois)

Posts:341


06/30/2006 1:03 PM  
Darcy- can you tell us what your attorney told you to do? We are in a very similar situation...except it is one Board member trying to get rid of 4 of us. We have made an appointment with an attorney, but have not spoekn with him yet.

To make matters worse...our 'hijacker' is an attorney!

Thanks!
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